R.Sugumaran v. The State By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18-03-2025
CORAM
THE HONOURABLE MR JUSTICE SUNDER MOHAN R.Sugumaran S/o.Ramachandran, No.1/104, Nattar Kudiyiruppu, Aranthanki Taluk, Poovanthakudi, Pudukkottai-614624.
Petitioner(s) Vs The State By Inspector of Police Civil Supplies-CID Police Station, Tiruppur District.
Crime No.73 of 2022 Respondent(s) PRAYER To enlarge the Petitioner on bail in the event of his arrest by the respondent police in Crime No.73 of 2025 pending investigation on the file of Inspector of Police, Civil Supplies-CID Police Station, Tiruppur and thus render justice. For Petitioner(s):
Mr. A. Saravanan For Respondent(s):
Mr. S. Santhosh, Govt. Advocate
ORDER
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 6(4) of Tamil Nadu Scheduled Commodities (RDCS) Order, 1982 and Section 7(1)(a)(ii) of Essential Commodities Act, 1955 in Crime No. 73 of 2022, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that, the petitioner along with other accused was found to be in illegal possession of 450 kgs of PDS rice. Hence, the case.
3. Learned counsel appearing for the petitioner submitted that the allegations are false; and that in any case, custodial interrogation is not required and sought for anticipatory bail for the petitioner.
4. Learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the petitioner, reiterated the prosecution case and on instructions submitted that the contraband was seized. He further submitted that there are two previous cases against the petitioner.
5. Taking note of the facts and circumstances of the case, nature of allegations, submissions made by the learned counsels on either side, the fact that the petitioner is on bail in the other cases, the fact that the contraband was seized and since the custodial interrogation of the petitioner is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of copy of this order, before the learned Judicial Magistrate-II, Tiruppur, on condition that the petitioner shall execute bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the said Magistrate, on further condition that: [a] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their
identity.
[b] the petitioner shall report before the respondent police as and when required for interrogation.
[c] the petitioner shall not tamper with evidence or witness either during investigation or trial. [d]the petitioner shall not abscond either during investigation or trial.
[e]On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 18-03-2025 AT
To 1.The State By Inspector Of Police Civil Supplies-cid Police Station, Tiruppur District. Crime No.73 Of 2022
SUNDER MOHAN, J.
AT CRL OP No. 7881 of 18-03-2025